USMA JABEEN AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioners in the present petition are seeking writ of certiorari for quashing Notification No. 15 -BOPEE of 2015 dated 23.04.2015 and Notification No. 12 -BOPEE of 2015 dated 10.04.2015 issued by the J&K Board of Professional Entrance Examination; notifying the dates for counseling of professional courses to the extent of candidates having qualified against the Open Merh/Reserved Category seats for allotment of MD/MS & PG Diploma seats in Government Colleges and in ASCOMS. Before dealing with the present case, it would be relevant to note that some of the candidates under Rural Service Reserved Category, who were aggrieved of their exclusion by virtue of Notification No. BOPEE/Exam -01/2015 dated 05.04.2015 despite having qualified the entrance test under this category, filed OWP No. 448/2015 on the ground that as per Information Brochure 32 seats were earmarked for Rural Service Reserved Category candidates, i.e., in the ratio of 10% of total seats in Open Merit other than Open Merit (General Category). Their contention was that the Board of Professional Entrance Examination selected only 7 candidates out of a total 32 candidates under Rural Service Category. It was contended that these 7 selected candidates were said to have secured 50% or more than 50% marks, which was the criteria prescribed for Open Merit (General Category), whereas rest of the candidates including the petitioners therein, who had secured more than 40% marks under this category and were also entitled to be called for counseling, had been excluded from the purview of counseling for the reasons known to the respondents.

(2.) This Court vide order dated 13.04.2015 stayed the counseling notified vide Notification dated 05.04.2015, which was scheduled for 13.04.2015.

(3.) It appears that the Board of Professional Entrance Examination meanwhile realizing its mistake of excluding 25 more candidates under Rural Service Category from the purview of counseling, issued another Notification No. 12 -BOPEE of 2015 dated 10.04.2015, whereby in partial modification of earlier Notification dated 05.04.2015 (supra), re -scheduled the seats to 216 instead of 241 for the purposes of counseling for Open Merit Category.